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Thread: **DISCONTINUED **Hoist portfolio county court claim help!

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  1. #26
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    I posted it and nem said it looked good so I thought it was ready to go, but see a few posts up about adding something to the defence about annual statements but not sure if it applies here?

  2. #27
    MIKE770's Avatar

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    Default Re: Hoist portfolio county court claim help!

    if advised mention it! then send off

  3. #28
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Hi,

    Have just received allocation to small claims track directions questionnaire in the post, dated on the last day they had to respond for a minute I thought they might have forgot but no such luck! Have not received anything else yet. So is it a case of just filling this in and sending it back and does this have to be sent recorded? and then what next?

    thanks

  4. #29
    charitynjw's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Who has sent the DQ, the court, or Hoist?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

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  5. #30
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    The court

  6. #31
    MIKE770's Avatar

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    Default Re: Hoist portfolio county court claim help!

    n eeds completeing then

  7. #32
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Thanks Mike

    Will get it sent off.

  8. #33
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Sorry just a quick question do I tick yes to mediation as haven't been given any documents/ enough information in order to negotiate?

  9. #34
    MIKE770's Avatar

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    Default Re: Hoist portfolio county court claim help!

    yes to mediation shows willing =, when mediation ring they ask have you all the documentation to proceed mediation, no documentation means = they will say not suitable to mediation and pass back to court process

  10. #35
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Ok thanks.

  11. #36
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Hi, I sent my DQ to the court agreeing to mediation. Have today received a copy of Hoist Portfolio's DQ to the court from Howard Cohen. I'm assuming that the mediation service will contact me obviously mediation will not be possible as lack of documents. Just wondering what happens next, will they take me to court?

  12. #37
    MIKE770's Avatar

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    Default Re: Hoist portfolio county court claim help!

    mediation will ask if you have the documents etc needed - you say no then they will state not suitable for mediation - then pass back to the court for next stage, the case continues to next requirement by the court

  13. #38
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    sorry to if this sounds stupid but what is the next stage. The court hearing?

  14. #39
    MIKE770's Avatar

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    Default Re: Hoist portfolio county court claim help!

    no a few more court requirements/proceedure to go yet! court will require witness statements etc from you and the other side, depends what the other side come up with if anything as to next stage, every case can be different in as much that a claimant can not furnish required documents etc etc and then not action court request - then after a deadline the case would be stayed ( parked up) and a fee from the claimant to unstay it if ever they wanted to go a head, this stage is a game of who breaks first? so no panic then help on here will get you thru any follow up requirements you post on here!

  15. #40
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Thanks Mike! Just a case of waiting and seeing what they come up with next then. Just another quick question on the DQ I completed in witnesses section I put 1 for witnesses as it said including yourself I assumed I would be giving evidence on behalf of myself should I have put this?

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    MIKE770's Avatar

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    Default Re: Hoist portfolio county court claim help!

    yes correct

  17. #42
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Oh good just wanted to check as on the DQ sent by Hoist they have put none in the witnesses section does this mean they won't be attending court?

  18. #43
    MIKE770's Avatar

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    Default Re: Hoist portfolio county court claim help!

    at this stage would not be possibly the case, as they could send someone on the day if they intended to continue

  19. #44
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Ah I see thanks for clarification on that Mike.

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    warwick65's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Hi Vanessa

    Just because you do not have the documents does not mean you can not engage in mediation. If you wished, and it is if you wished, you could use it to negotiate a sizeable reduction on the bill (possibly)

    It is your call but are they likely do you think to stump up the agreement

  21. #46
    warwick65's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Just a few more thoughts- did you ever send a SAR to HSBC?

    Sorry realised it was an OD so the CCA is less relevant but the notice and Deed of assignments are , should it come to witness statements you need to explain how neither have been produced

    Not sure how much the debt is and if you are in a position to pay anything and if you are willing to pay.
    To some people a small payment is worth it to save the trouble- others like me would sooner fight because its the principle of the thing

    You need to think what is right for you and no one else

  22. #47
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Hi Warwick

    I did think of sending a SAR to the original creditor but it was so long ago (about 6 years or more) that I thought they would no longer hold the information. Do you think its worth doing/trying? I'm assuming if Hoist had the documents/agreement they would have sent them by now?

    It's not a lot apx £500 but its not something I can't afford to pay at the moment and although it would save the hassle like you I kind of don't want to pay them out of principle.

    Also, just wondered If they did agree to a settlement how would this need to be paid in full?

  23. #48
    warwick65's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Hi Vanessa

    Well how would any settlement be paid would be part of the mediation process and I am not for a moment saying you need to settle.

    I see you are now at the stage of waiting for mediation and while I am no expert it is a sad case that sometimes they stump up the documents at the 11th hour, sometimes with the witness statement and in some cases I believe on the day of the hearing . I am home now so give me 5 mins to reread your thread and see if I can glean anything of interest

  24. #49
    warwick65's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Right I have had a quick look back

    Your strongest point is that they need to provide not just two notices of assignment but I believe two deeds of assignment . These are points for your Witness statement if it gets to that

    Another question which might be relevant although I do not fully understand it - how did the OD come about . ( Now there is not one ounce of judgement on my part- I have more debt than you could shake a stick at , brought about by my own lack of inner strength)
    Was it just an OD that you were using and then for some reason couldn't pay off , or maybe a bounced cheque or DD that led to charge upon charge upon charge

    If the latter i would most definitely get that SAR off as part of your defence in the WS would be an unfair relationship but you would need someone with more expertise than me . As for the age of the account , I sent a SAR to Cap 1 and they came back with details going back to 2005, when I proved them and said they hadn't sent everything, they brought details from 2000, a closed card I had forgotten about from a time when I lived with my ex at a different address


    There is another way I suppose is that you could send a letter inviting them to discontinue because of their poor case - they may ignore it , follow that up with a letter saying as an honourable woman, although you dispute the debt and their claim you would be open to offers of settlement . If they reply you could then counter offer - all depends on what you can or can not afford

    Again it all depends on how important it is to you not to have a CCJ ( if it came to it) and could you afford to pay the CCJ off within 28 days ( avoids it being registered)

    If your credit is shot and you are genuinely skint then sod it- play hard ball and go all the way , equally if you have a spare £500 under the mattress that you wouldn't miss- play hard ball- you could always pay it off

    These are just my random musings
    Maybe @charitynjw @pt2537 @Amethyst @MIKE770 @Diana M have some other equally random thoughts

  25. #50
    VanessaL15's Avatar

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    Default Re: Hoist portfolio county court claim help!

    Thanks for all your help Warwick lots to consider and think about! TBH I can't really remember how the overdraft came about I think I went over the overdraft limit was charged and couldn't afford to pay it back.

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